Refuge Roads Program Frequently Asked Questions

The Refuge Roads program was created under the 1998 Transportation Equity Act for the 21st Century (TEA-21). That act and the subsequent passage of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) provided authorization for National Wildlife Refuge System roads under the Federal Lands Highway (FLH) program. The FLH program was created in 1982, and includes funding for Indian Reservation Roads, Park Roads and Parkways, Forest Highways, and Public Lands Highway discretionary.

Refuge Roads are public roads within a unit of the National Wildlife Refuge System for which title and maintenance responsibility is vested in the United States Government.

The funding in this program may only be used for Refuge Roads.

Congress authorized $29 million each year from FY 2005 through FY 2009. Of this about $25 million is expected to be available for allocation to the FWS.

To control spending, Congress establishes limits the amounts that can be obligated in a fiscal year (contract authority). The obligation limitation varies each year but generally ranges from 9 to 15% of the authorized funding.

The funds are lost to the Refuge Roads program.

The act specifies that the funds shall be used for maintenance and improvements on Refuge Roads within the National Wildlife Refuge System. This includes project planning and contract administration as well as construction. Enhancements such as comfort stations, parking lots, bicycle/pedestrian facilites and interpretive signage related to roads are also allowable.

Guidelines describing the types of work that are generally eligible have been jointly prepared by the FWS and FLH.

The funds are distributed (allocated) to the FWS Regions according to each Region's relative need. The relative needs are established from FWS inventory data (refuge road mileage, the area of parking facilities and bridges), the conditions of roads and bridges, the amount of visitation, and traffic safety.

In addition to the obligation limitation imposed by Congress, an overhead takedown not to exceed 1.5 percent is kept by the Federal Highway Administration (FHWA). In addition, transportation planning funds will be used to help fund inventory and management systems for pavement, bridges and safety.

The FWS Division of Budget in the Washington Office requests the funds from the Federal Highway Administration. The contract authority is transferred by allocation letter from FHWA. Liquidating cash is requested by FWS to meet current expenditure needs. When funds are transferred, the Division of Budget will prepare a Work Activity Guidance document indicating the funding that has been made available and the code assigned to the project.

Funds are available for obligation for the year authorized plus three years. However the total amount of obligation authorized is available for only the one fiscal year. If one FWS Region cannot obligate all of its funds, the contract authority may be loaned to another FWS Region during the current year, to be returned from future authorizations in a subsequent fiscal year. This will help insure full use of all contract authority.

The projects are selected by the Regions from projects that have been identified in the Maximo (Service Asset Management and Maintenance System - SAMMS) asset management program. The projects selected by the Regions are reviewed by the Refuge Roads Program coordinator to assure compliance with Refuge Roads guidance and legislative constraints. After concurrence of the FHWA, the projects are authorized for funding.

Congress has determined that public roads on Federal lands shall be placed under the oversight of the FHWA to insure they are treated under similar uniform policies as required under Title 23 United States Code (23 U.S.C.). The passage of TEA-21 in 1998 required that Federal lands highway agencies develop management systems, and prepare regulations by rulemaking to determine how this will be done and how the management data is considered by the Regions in their selection. FHWA is available to assist the FWS with the development of regulations and subsequent program management.

The improvements will be designed and constructed as the FWS desires. The FHWA is available to assist FWS in planning, design, and contract administration, if requested.

Congress has required that projects must be compatible with comprehensive management plans, land use planning, and must minimize the impacts on refuge operations. Funds may not be used for new facilities. No new roads may be constructed with these funds.

Projects shall be designed under approved applicable FWS, State or AASHTO design guidelines. Design exceptions, when justified, shall be approved by the Director, FWS and concurred in by the FHWA.

The Government Performance and Results Act requires that program measures be developed to document results of expenditures of funds. Measures will include improvement in condition of roads and bridges and customer satisfaction.

The three Federal Lands Highways Division offices have offered to help managers with the completion of applications. They will help you make sure you have addressed all the appropriate criteria to be eligible for consideration.

If you have projects accepted by the states for submission to FHWA/DOT, please send us a copy. Send email to the National Coordinator for the Refuge Roads Program in the Washington Office . If we know you have a project, we can make sure the the WO of FHWA knows which projects support the Refuge System and National Fish Hatcheries. It will also help your applications if local government, local organizations, and elected representatives (local/state/national) are willing to write a letter of support.